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Your current state is Virginia
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for SP and was able to get his wages garnished. At that point he was willing... View More 
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answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a written contract between divorcing spouses that outlines the division of assets, debts, child custody, spousal support, and other terms related to their separation. Once signed by both parties and approved by the court, the MSA becomes part of... View More
in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for Spousal support and was able to get his wages garnished. At that point he... View More
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answered on Jan 16, 2025
A Marital Settlement Agreement (MSA) in California is a legally binding document that outlines the terms and conditions agreed upon by both spouses regarding the division of property, debts, spousal support, child custody, and child support during a divorce or separation. It is typically negotiated... View More
My husband and I are renting a house but we do not have a current lease. When we moved in 8 years ago, he paid a pet deposit but it was not for the dogs we have now. I recently filed for divorce and he moved out (he was living in his travel trailer and drove away with this in the middle of the... View More
answered on Jan 16, 2025
It's hard to think of pets this way, but under Washington State law, they are considered "personal property" (as opposed to real property, such as a house).
If I understand correctly, your husband inherited the dog in question. If so, the dog is separate property - the dog... View More
So family lived in community property for 15 years. I worked and paid the mortgage for the family. She was a stay at home. She inherited a mortgage free $1mil home and then 2 years ago filed for divorce. Separation Date 1/15/23. Divorce has been taking forever and I've agreed to paying... View More
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answered on Jan 16, 2025
In California, a post-separation right to reimbursement allows one spouse to request reimbursement for expenses or payments made after the date of separation that benefit the community property. This right ensures that the paying spouse is compensated for contributions made during the separation... View More
Divorced 4 years I’m currently requesting a mortgage modification for my home loan which requires my ex signature to proceed since her name is still on the loan agreement but she refuses to sign my forms also refuses to submit a quit claim. Property was awarded to me in the divorce.
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answered on Jan 15, 2025
You can not sign for your ex-wife, without her permission, or authority.
If you are seeking a modification of your mortgage with the same lender as when you bought the house with your wife, you need to go back to the divorce court for a modified Divorce Decree. Otherwise, you should be... View More
Divorced 4 years I’m currently requesting a mortgage modification for my home loan which requires my ex signature to proceed since her name is still on the loan agreement but she refuses to sign my forms also refuses to submit a quit claim. Property was awarded to me in the divorce.
answered on Jan 16, 2025
Unless your Decree ordered your ex-wife to sign a deed conveying title to you (which would normally be a special warranty deed, not a quit claim deed), you can't have your ex-wife held in contempt for not doing something she was not ordered to do. If your decree contains a boilerplate... View More
We have about 80,000 in debt that is currently only in my name through credit cards and debt consolidation. This was for some personal use, but mainly for pop up expenses. The home is in my in-laws and wife's name. This is because we were able to get a better rate with them on and myself off... View More
answered on Jan 14, 2025
How long have you been married? How long ago was the home purchased? Did you use any of your pre-marital funds as a down payment? There are numerous questions that will need to be answered to address your question. I would also need to know your income. Did you meet with a bankruptcy attorney... View More
answered on Jan 14, 2025
Retirement plans governed by ERISA, the Employee Retirement Income Security Act of 1974, are divided by a special court order known as a QDRO, or Qualified Domestic Relations Order. The specific division itself should appear in a separation agreement and/or final decree of divorce. Typically, one... View More
Question 1) My ex recently filed a Request for Trial Setting, but they haven’t yet filed their Preliminary Declaration of Disclosure (PDD). I’d like to file a Motion to Strike based on the missing PDD. Am I required to use Form FL-300 for this motion? or just Autho & Memo, Decl. If I’m... View More
answered on Jan 11, 2025
First, if the other party has not filed their FL141, the request for trial setting will be rejected. Second, you do not need to file a motion to strike that request. Instead, filing an objection to the request for trial setting is sufficient assuming you list all the valid bases for objecting to... View More
I'm tired of my husband screaming at everyday all day and arguing with me none stop
answered on Jan 9, 2025
If you are indigent, local legal clinics and legal aid societies may assist you, but they are swamped. If you are able to get an uncontested divorce, you could opt to do it yourself, as all the paperwork is on-line via the Office of Court Administration website. Also, you may call the local bar... View More
My divorce finalized end of September. We hired the mediator. Ex is finally going to take care of transfer retirement funds for TSP, IRA Schwab. In our agreement, it not listed when, how , who is doing for QDRO. The mediatior is going to take care of QDRO with $1000. Is mediatior be able to... View More
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answered on Jan 14, 2025
A Qualified Domestic Relations Order (QDRO) is a legal order used in California divorce cases to divide certain types of retirement benefits, such as pensions or 401(k) accounts, between divorcing spouses. The QDRO allows a portion of the retirement benefits to be awarded to the non-employee spouse... View More
My divorce finalized end of September. EX awarded to me his retirement accounts of Navy TSP and IRA Shwab , also retirement from present job. It will be all my assets. He supposed to do QDRO and transfer money to me. We used a mediator. He has been ignoring all of her mails and phone calls.... View More
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answered on Jan 14, 2025
In California, a contempt motion can be filed when one party fails to comply with a divorce decree or court order, such as failing to pay spousal or child support, not adhering to custody and visitation arrangements, or not following other financial obligations outlined in the decree. The moving... View More
I'm 5% Bantu and 1% indigenous Americas Maya Indian. My daughter is the same as me. My wife is trying to claim my inheritance. I'm Americas Chief and Bantu royalty which should be acknowledged as king of Africa. Daughter can't separate from chief.
answered on Jan 6, 2025
In a divorce proceeding, joint managing conservatorship is presumed to be in the best interest of the child; however, the Court can award sole managing conservatorship to either parent. The Court will base its decision on the "best interests of the child" legal standard. Ethnicity and... View More
I've filed for divorce, papers have been served, an answer has been completed and served. I have filed a Motion to Waive the Statutory Waiting Period. My spouse agrees to waive the waiting period. Do I still need to submit a praecape for a hearing?
answered on Jan 6, 2025
If you are trying to move your case along quickly, you should still schedule it for a hearing (with the required praecipe) to make sure the Judge will allow it. Not all Judge's will agree to waive that statutory waiting period. Also, most Judge's want to go "on the record" with... View More
My husband cheated on me and his lover had a baby and it is 6 months old. The lover is in Massachusetts and we are in California. What can we do to prevent this lover from going further? Her goal was clearly money. I want to know if she can be ordered to pay for the emotional distress that I and my... View More
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answered on Jan 14, 2025
California is a no-fault divorce state, meaning that neither party has to prove wrongdoing or fault, such as adultery, to obtain a divorce. Instead, the petitioner simply needs to state that the marriage has irreconcilable differences, meaning that the couple can no longer get along or that the... View More
During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More
answered on Jan 4, 2025
The deadline to move to compel is an order to compel a Response or a Further Response. You are being faced with a Motion to Compel Production of Documents. There is no deadline to move to compel where the responding party does not actually produce the promised documents. Your link allegedly did... View More
During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More
answered on Jan 4, 2025
Expanding on Mr Light’s response, it sounds like counsel made no effort to try to open that link up to 50 days after you provided it. Why? Why not let you know sooner that the link allegedly didn’t work? You cannot move to exclude evidence until after the party has violated a court order... View More
I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.
He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More
answered on Jan 3, 2025
You asked what the "actual grounds" are for spousal maintenance. Arizona's spousal maintenance law is very complex. But here is probably the simplest way to explain it:
First Step: Determine Eligibility
You have to qualify under one of the grounds listed under ARS... View More
I make 60k/yr, spouse makes 100k/yr. We are divorcing with minor children, filing for 50/50 custody and 50/50 property & debt.
He claims that our income difference is figured into the child support and that spousal maintenance only applies if one person cannot financially afford to live... View More
answered on Jan 6, 2025
You absolutely have the right to request spousl maintenance. Spousal maintenance is based upon so much more than just your income. If you review through our statute (google "ARS 25-319"), you can see the other topics.
Arizona also has recently adopted spousal maintenance... View More
answered on Jan 2, 2025
You don’t say if there is a pending divorce case. Legally the car belongs to both of you. In fact, you may need both signatures to sell the car. You should speak with a local family lawyer for more specific advice.
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